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A Case of Judicial Review on Polygamy Provisions in the Indonesian Veteran Law R e v i e w Volume: 1 Issue: 1 P-ISSN: - E-ISSN: - LEGAL IMPLEMENTATION ON LAND BORDER MANAGEMENT BETWEEN INDONESIA AND PAPUA NEW GUINEA ACCRODING TO STEPHEN B. JONES THEORY Dewa Gede Sudika Mangku Facult of Law, Ganesha Singaraja Educational University, E-mail: [email protected] ARTICLE INFO ABSTRACT Keywords: In the opinion of Stephen B. Jones the management of the border Border Management; consists of (1) allocation, (2) delimitation, (3) the demarcation of Indonesia; Papua New boundaries in the field, and (4) boundary administration. The land Guinea border between Indonesia and Papua New Guinea has been arranged inside Memorandum of Understanding In Respect of The Land How to cite: Boundary on The Island of Irian (New Guinea) and The Territorial Mangku, D. G. S. (2018). Sea and Seabed Boundaries Immediately South of That Islands; Legal Implementation Protocol about Report of Conference on Certain Seabed Boundaries On Land Border Between Indonesia and Australia and Certain Seabed and Territorial Management Between Boundaries Between Indonesia and Papua New Guinea; Agreement Indonesia and Papua between Indonesia and Australia concerning Certain Boundaries New Guinea Accroding between Indonesia and Papua New Guinea; Memorandum of to Stephen B. Jones Understanding between The Government of The Republic of Theory. Veteran Law Indonesia and the Government of The Australia/Papua New Guinea Review, 1(1), 72-86. concerning Administrative Border Arrangements; Agreement between the Government of Indonesia and the Government of Australia (Acting on Its own Behalf and on Behalf of the Government of Papua New Guinea) concerning Administrative Border Arrangements as to the Border between Papua New Guinea and Indonesia. This regulation is used as the basis for managing land borders between Indonesia and Papua New Guinea based on the opinion of Stephen B. Jones. Copyright @2018 VELREV. All rights reserved. 1. Introduction Indonesia is an archipelagic state situated geographically in the South East Asia with its ten immediate neighbors. Therefore, it has international land and maritime boundaries with the ten countries, i.e. Malaysia, Singapore, Vietnam, the Philippines, Palau, Papua New Guinea, Australia, Timor-Leste, India, and Thailand. Historically Indonesian land boundaries with its neighbors had been delimitated during the Dutch colonialization. There are three neighboring countries have land borders with Indonesia, i.e. 72 Malaysia in Borneo (Kalimantan) island, Papua New Guinea (PNG) in New Guinea (Irian) island, and Timor-Leste in Timor island.1 Indonesian border with neighboring countries have a positive impact on the diplomatic relations although in border management in particular on the land borders never cause a problem or conflict with other countries, but always with the principles of good neighborliness it can be done well , The emergence of a problem at the border is very reasonable and often occur, but it can not be used as a reason to affect diplomatic relations that have been established properly and tightly between the countries bordering on land directly with Indonesia.2 Borders, boundaries, frontiers, and borderlands are human creations that are grounded in various ethical traditions. When Allen Buchanan and Margaret Moore compared natural and international law traditions with the Jewish, Christian, Confucian, Islamic, and Liberal ethical traditions of boundaries, although they found that the ethical traditions were somewhat ambiguous in terms of how to establish borders, including settlement, purchase, inheritance, and secession, all of these traditions agree that conquest is unjustifiable.3 Nevertheless, the history of the Roman Empire is testimony to the fact that conquest was central to the differentiation between barbarism and civilization. Boundaries organized the Roman Empire according to a hierarchy of spaces – territories of varied dimensions and functions, which included settlements, cities, provinces, and regions.4 During the Middle Ages, there is some evidence that the feudal system was more concerned with the control of cities and territories, which, rather than having clear boundaries, had somewhat vague borderlands. Thanks to geographers, however, mapping technology allowed rulers to have a spatial view of their possessions; thus, what were originally borderland or border regions progressively became boundaries or frontiers. As well, the vocabularies of space began to reflect this evolution, refining meanings so as to differentiate between boundaries, borders, borderlands, and frontiers. Malcolm Anderson described how meanings varied according to place, noting, for instance, that “frontier” in the American and French traditions does not appeal to the same imagery. In French, a “frontiere” is a borderland or border region. The French Alsace region is such a border region or “Region frontaliere.” In American English, however, a “frontier” is a moving zone of settlement, which refers to the American imagery as described by Frederick Turner in The Frontier in American History. Also, “frontiere” did not appear in the French Dictionary of 1 Sutisna, S. & Handoyo, S. “the International Symposium on Land and River Boundaries Demarcation and Maintenance in Support of Borderland Development”. Delineation And Demarcation Surveys Of The Land Border In Timor: Indonesian Perspective, Center for Boundary Mapping The National Agency for Surveys and Mapping of Indonesia (Bakosurtanal): p. 1. 2 Purwanto. H. & Mangku, D. G. S. “Legal Instruments of The Republic of Indonesia In Border Management Using The Perspective of archipelagic state”. International Journal of Business, Economics and Law, Vol. 11, Issue 4 (Dec.), p. 51. 3 Buchanan, A. & Moore, M. (2003). States, Nations and Borders: The Ethics of Making Boundaries, Cambridge, UK: Cambridge University Press. 4 Anderson, M. (1996). Frontiers: Territory and State Formation in the Modern World (Cambridge, UK: Polity Press), Introduction and Chapter 1. 73 Geography until 1783, at a time when French geographers were attempting to establish accurate physical boundary lines.5 The Indonesia-Papua New Guinea border region is divided into two types, namely the sea and land borders. The sea border is connected by the Pacific Ocean surrounding the Papua New Guinea region. In general, Indonesia is bordered by three countries at the same time, Papua New Guinea to the east and south, Australia to the south and the Republic of Palau to the north. The land borders of the two countries in a series of New Guinea islands. As part of the 1973 bilateral agreement regarding a Memorandum of Understanding between the Government of the Republic of Indonesia and the Government of Australia / Papua New Guinea regarding the Border Administrative Arrangement, 14 MM pillars have been established along the borders of Indonesia and Papua New Guinea. These points are at 141° East Longitude, from MM pillars to MM. Furthermore, starting from the MM pillar to the MM pillar, it is located on the meridian of 141 ° 01 '10 ". The land boundary with Papua New Guinea runs from North to South as far as 780 Km located on the border / meridien monument (MM) in the Skouw and Wutung areas. The city of Jayapura arrived at MM in the Anggamarut / Wairin area of Boven Digoel Regency from MM in the Domonggi area of Merauke Regency to MM in the estuary area of the Bensbach river or Torasi river. In addition to the 14 MM pillars, between 1983 and 1991, according to Article 9 of the 1973 Agreement Indonesia with Papua New Guinea has established 38 MM Pillars, so that until now there have been 52 MM pillars along the border line.The addition of the 38 new MM pillars is currently still contained in the Joint declaration signed by the second survey and mapping authority The number of pillars in the Papua border area is still very limited, the number of pillars of this boundary is certainly very inadequate k a border area that is often used as a hideout and illegal crossing by separatist groups of both countries. The situation of the Indonesia-Papua New Guinea border region has its own reality in the survival of the lives of people around the border region. This is a dynamic situation in the area around the border, but on the other hand it can also cause interference or problems around the Indonesia-Papua New Guinea border area. Efforts to determine borders with neighboring countries can be done by means of border diplomacy. The complete and clear determination of territorial boundaries can minimize the possibility and intensity of border conflicts. If it is not done completely and clearly and there is no certainty, it will cause overlapping territorial recognition. Border diplomacy efforts are indeed not easy and can be done in a short time because it requires a long process. The Indonesian government needs to conduct border areas with a non- traditional approach where bilateral cooperation between the Indonesian- Papua New Guinea government needs to emphasize community development and human security from all forms of violence, and must put forward more non-military issues, such as ethnic problems and welfare . The 5 Brunet-Jailly, E. The State of Borders and Borderlands Studies 2009: A Historical View and a View from the Journal of Borderlands Studies, http://src- h.slav.hokudai.ac.jp/publictn/eurasia_border_review/no1/01_Brunet.pdf 74 security approach at the border must also be balanced with a welfare approach. Elements of local wisdom in relation to the use of natural resources (SDA) in the
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